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SEC to appeal rejected Citigroup settlement

December 26, 2011

+%3Cp%3E+The+Securities+and+Exchange+Commission+is+appealing+a+federal+judge%27s+decision+last+month+to+toss+out+a+proposed+%24285+million+mortgage+securities+fraud+settlement+between+the+agency+and+Citigroup.%3C%2Fp%3E%3Cp%3EFederal+judge+Jed+Rakoff+ruled+on+Nov.+28+that+the+deal+between+the+SEC+and+Citi+was+%26quot%3Bneither+fair%2C+nor+reasonable%2C+nor+adequate%2C+nor+in+the+public+interest%26quot%3B+and+ordered+the+case+to+proceed+to+trial+in+July+2012.+%3C%2Fp%3E%3Cp%3E%3Cp%3E%3C%2Fp%3E%3Cp%3E%3Cp%3E%3C%2Fp%3E%3C%2Fp%3E%3C%2Fp%3E%3Cp%3EHe+said+that+the+settlement+announced+in+October%2C+under+which+Citigroup+%28%2C+Fortune+500%29+neither+admitted+nor+denied+the+SEC%27s+allegations%2C+deprived+the+public+%26quot%3Bof+ever+knowing+the+truth+in+a+matter+of+obvious+public+importance.%26quot%3B+%3C%2Fp%3E%3Cp%3EThe+SEC+argued+in+a+statement+Thursday+that+the+ruling+%26quot%3Binadvertently+harms+investors+by+depriving+them+of+substantial%2C+certain+and+immediate+benefits.%26quot%3B%3C%2Fp%3E%3Cp%3E%26quot%3BWe+believe+the+court+was+incorrect+in+requiring+an+admission+of+facts+–+or+a+trial+–+as+a+condition+of+approving+a+proposed+consent+judgment%2C%26quot%3B+said+the+agency.+It+argued+Rakoff%27s+ruling+would+set+a+new+standard+for+settlements+that+would+be+difficult+to+reach+and+that+it+is+at+odds+with+established+practice.%3C%2Fp%3EBig+bank+SEC+settlements%3A+Toothless+face-savers%3F%3Cp%3E%26quot%3BCourts+have+routinely+approved+settlements+in+which+a+defendant+does+not+admit+or+even+expressly+denies+liability%2C+exactly+because+of+the+benefits+that+settlements+provide%2C%26quot%3B+said+the+agency.+%3C%2Fp%3E%3Cp%3EThe+SEC+said+the+%24285+million+proposed+settlement%2C+%26quot%3Bwhile+less+than+investor+losses%2C+represents+most+of+the+total+monetary+recovery+that+the+SEC+itself+could+have+sought+at+trial.+An+SEC+settlement+does+not+limit+the+ability+of+injured+investors+to+pursue+claims+for+additional+relief.%26quot%3B%3C%2Fp%3E%3Cp%3ERakoff+said+in+his+ruling+that+given+the+damage+done+to+financial+markets+by+the+alleged+actions+by+Citigroup%2C+a+greater+level+of+transparency+is+needed.%3C%2Fp%3EJPMorgan+pays+%24153+million+to+settle+mortgage+case%3Cp%3E%26quot%3B%5BI%5Dn+any+case+like+this+that+touches+on+the+transparency+of+financial+markets+whose+gyrations+have+so+depressed+our+economy+and+debilitated+our+lives%2C+there+is+an+overriding+public+interest+in+knowing+the+truth%2C%26quot%3B+Rakoff%2C+a+U+%3Ca+href%3D%22http%3A%2F%2Fcash-advance-nofax.com%22%3Eflexcheck+cash+advance%3C%2Fa%3E%3C%21–+.+–%3E.S.+district+judge+in+Manhattan%2C+wrote+in+his+decision.%3C%2Fp%3E%3Cp%3EThe+SEC%27s+pattern+of+allowing+big+banks+to+reach+settlements+without+admitting+or+denying+wrongdoing%2C+Rakoff+added%2C+has+been+%26quot%3Bhallowed+by+history%2C+but+not+by+reason.%26quot%3B%3C%2Fp%3E%3Cp%3ECitigroup+did+not+have+an+immediate+reaction+to+the+SEC%27s+appeal.+At+the+time+of+Rakoff%27s+ruling%2C+a+spokeswoman+for+the+banking+giant+said+it+respectfully+disagreed+with+the+decision.%3C%2Fp%3E%3Cp%3E%26quot%3BIn+the+event+the+case+is+tried%2C+we+would+present+substantial+factual+and+legal+defenses+to+the+charges%2C%26quot%3B+she+added.%3C%2Fp%3E%3Cp%3EThe+SEC+alleged+that+in+2007%2C+Citi+created+and+sold+a+mortgage-related+collaterialized+debt+obligation%2C+or+CDO%2C+called+Class+V+Funding+III.+%3C%2Fp%3E%3Cp%3EAccording+to+the+SEC+complaint%2C+one+CDO+trader+characterized+the+asset+group+in+internal+communications+as+%26quot%3Ba+collection+of+dogshit%26quot%3B+and+%26quot%3Bpossibly+the+best+short+EVER%21%26quot%3B+%3C%2Fp%3E%3Cp%3ECan+Wall+Street+thrive+again%3F%3C%2Fp%3E%3Cp%3EIn+marketing+materials%2C+however%2C+the+assets+were+described+as+%26quot%3Battractive+investments+rigorously+selected+by+an+independent+investment+adviser%2C%26quot%3B+Rakoff%27s+decision+said.%3C%2Fp%3E%3Cp%3E%3C%2Fp%3E%3Cp%3E+%3C%2Fp%3E%3Cp%3EAfter+marketing+the+CDO%2C+Citi+then+took+a+short+position+–+or+bet+against+–+the+security+as+the+housing+market+deteriorated%2C+bringing+in+a+net+profit+of+%24160+million+for+the+bank.+Meanwhile%2C+investors+lost+more+than+%24700+million.+%3C%2Fp%3E%3Cp%3EThe+SEC+has+settled+a+string+of+similar+complaints+in+recent+months%2C+including+agreements+with+Goldman+Sachs+%28%2C+Fortune+500%29+and+JPMorgan+Chase+%28%2C+Fortune+500%29.+%3C%2Fp%3E%3Cp%3ERakoff%2C+though%2C+has+been+a+thorn+in+the+agency%27s+side+in+recent+years%2C+rejecting+a+proposed+%2433+million+settlement+in+2009+between+the+SEC+and+Bank+of+America+%28%2C+Fortune+500%29+over+allegations+that+BofA+lied+about+bonuses+for+Merrill+Lynch+%26amp%3B+Co.+employees+following+the+firms%27+merger.+%3C%2Fp%3E%3Cp%3EThat+settlement+was+later+revised+upward+to+%24150+million%2C+which+Rakoff+reluctantly+approved%2C+calling+it+%26quot%3Bhalf-baked+justice+at+its+best.%26quot%3B%3C%2Fp%3E%3Cp%3EShares+of+Citi+%28%2C+Fortune+500%29+closed+down+0.5%25+in+trading+Thursday.%26nbsp%3B+%3C%2Fp%3E++%3Cp%3E%3Ca+href%3D%27http%3A%2F%2Fmoney.cnn.com%2F2011%2F12%2F15%2Fnews%2Fcompanies%2Fcitigroup_sec_appeal%2Findex.htm%27+rel%3D%27nofollow%27%3ESource%3C%2Fa%3E%3C%2Fp%3E+

banks, legal - Comments closed

Why the Energy Board got 17,000 complaints

December 14, 2011

In his annual report tabled last week, Auditor General Jim McCarter accused the Ontario government of mismanaging the prices of auto insurance, electricity and liquor.
If […]

banks, business - Comments closed

St. Louis-area casino revenue up 3.7% in Nov.

December 12, 2011

Business at local casinos climbed 3.7 percent in November, according to new data out from state regulators Monday.
Gamblers lost $87.6 million at the region’s six […]

USA, management - Comments closed

Lee plans prepackaged bankruptcy to refinance debt

December 3, 2011

Lee Enterprises, owner of the St. Louis Post-Dispatch, announced Friday that it will file a “prepackaged” bankruptcy in an effort to refinance about $1 billion […]

banks, money - Comments closed

Asia pilot gap grows as airlines order new jets

December 1, 2011

Fast-growing Asian and Middle Eastern airlines have signed orders recently for hundreds of new airplanes _ now they face the problem of finding enough pilots […]

economics, marketing - Comments closed

Chesterfield businesses ticketed on Black Friday

November 26, 2011

CHESTERFIELD

stocks, technology - Comments closed

3 years after InBev deal, a new Anheuser-Busch

November 18, 2011

ST. LOUIS

business, management - Comments closed

10 militants die in Yemen as UN pushes peace plan

November 13, 2011

Yemeni government forces and allied tribesmen killed ten militants in attacks around the country Sunday, security officials said, as a visiting United Nations envoy met […]

USA, news - Comments closed

Chaotic Greek powersharing talks in 4th day

November 10, 2011

Greece’s tortuous power-sharing talks enter a fourth day, with the country’s president to host a meeting of party heads a day after negotiations disintegrated into […]

technology, term - Comments closed

Wells Fargo agrees to pay $37M in bid-rigging case

November 8, 2011

Wells Fargo & Co. said Tuesday it has agreed to pay at least $37 million in a lawsuit which alleges several banks rigged bidding competitions […]

business, economics - Comments closed